A. 
Number of structures on a lot.
1. 
Lots used for single-family, single-family attached, or two-family dwellings are limited to one principal structure per lot unless specifically permitted as follows:
a. 
The RR District may have a second principal dwelling, as permitted by Article 3.
b. 
A historic carriage house may be used as a dwelling, as permitted by Article 8.
c. 
A secondary dwelling unit may be used as a dwelling, as permitted by Article 8.
2. 
For all other uses, there may be more than one principal building on a lot, but all structures must comply with the dimensional standards of the zoning district.
B. 
Applicability of dimensional requirements. All structures must meet the dimensional requirements of the zoning district in which the structure is located. No existing structure may be enlarged, altered, reconstructed, or relocated in a manner that conflicts with the requirements of the district in which the structure is located unless a variance is approved.
C. 
Prohibition of structures in utility easements. Permanent structures, stormwater facilities, retaining walls, decks, and accessory structures are prohibited within utility easements unless otherwise approved by City Council or other authorizing agency. If any structures are located within a utility easement and repair or replacement of the utility is needed, the City or utility is not responsible for the replacement of any structures that may be damaged.
D. 
Sight visibility.
1. 
The sight clearance triangle at the intersection of two streets is the triangular area of any lot located at an intersection measured back 30 feet from the projected point of intersection of the two curb lines along each street. The sight clearance triangle cannot be obstructed by any structure, sign, fence or wall, landscape, or other object which exceeds 30 inches in height as measured from grade at tree belt.
2. 
However, where the projected intersection of two curb lines is 80° or less, the sight clearance triangle of any lot located at an intersection of two streets is the triangular area measured back 45 feet from the projected point of intersection of the two curb lines along each street. The sight clearance triangle cannot be obstructed by any structure, sign, fence or wall, landscape, or other object which exceeds 30 inches in height as measured from grade at tree belt.
240 SIGHT TRIANGLE.tif
A. 
Purpose. Preservation of steep slope areas is intended to accomplish the following:
1. 
Conserve and protect steep slope areas from inappropriate development.
2. 
Prevent development that would cause excessive erosion.
3. 
Protect the quality of stream water which could be threatened by grading and development in steeply sloped areas.
4. 
Protect existing vegetative cover in steeply sloped areas, reducing run-off and flooding potential, and maintaining the natural quality of the area.
5. 
Prevent inappropriate development of steeply sloped areas in order to avoid potential hazards caused by soil failure leading to structural collapse or damage.
6. 
Promoting the ecological balance among wildlife, vegetation and aquatic life that could be adversely affected by inappropriate development.
7. 
Maintain adequate foliage cover on hillsides.
B. 
Categories. Steep slopes are categorized as follows:
1. 
Steep slopes. Slopes of 15% to 25% for a minimum of 2,000 sf of contiguous sloped area, verified by an actual field topographic survey.
2. 
Very steep slopes. Slopes greater than 25% for a minimum of 2,000 sf of contiguous sloped area, verified by an actual field topographic survey.
C. 
Disturbance permissions.
1. 
No more than 30% of steep slope areas can be disturbed, developed, cleared, graded, regraded or stripped of vegetation.
2. 
No more than 10% of very steep slope areas can be disturbed, developed, cleared, graded, regraded or stripped of vegetation.
3. 
No part of slopes over 35% can be disturbed, developed, cleared, graded, regraded or stripped of vegetation.
4. 
Earth moving activities and vegetation removal must be conducted only to the extent necessary to accommodate proposed uses and structures and in a manner that does not cause excessive surface water runoff, erosion, sedimentation, and unstable soil condition.
D. 
Planning Board review. Steep slope preservation will be verified by the Planning Board. Single-family and two-family dwellings require site plan review if such would alter a steep or very steep slope area as specified in § 240-9.2. The following must be verified by the Planning Board as part of site plan review:
1. 
Mitigation techniques must be utilized, including, but not limited to, retaining walls, tree wells, the establishment of groundcover and/or low spreading shrubs, the use of erosion control fabric and the like. Such techniques must be shown on all plans with details that depict, delineate, and otherwise describe the land development proposal.
2. 
There is no increase in the rate of water runoff that will adversely affect any property.
3. 
No vegetation will be removed from steep slopes except as necessary to achieve the following:
a. 
Operation of the allowed use in accordance with approved plans and sound conservation practices.
b. 
Woodland sanitation and management operation.
c. 
The replacement of undesirable plant material that is invasive, hazardous, or unhealthy with desirable landscape plant material.
A. 
Applicability. The public civic space requirement applies in the residential mixed-use and commercial mixed-use districts for developments of 20,000 cumulative square feet or more in gross floor area.
B. 
Definition. Public civic spaces are public gathering spaces, seating areas, and other similar elements that provide areas that allow people to congregate. This includes public green space maintained for the use of the general public, such as parks and plazas.
C. 
Minimum requirements. Developments required to provide public civic space must provide a minimum of 5% of the lot area in public civic space.
D. 
Public civic space design. Public civic space must meet the following design requirements:
1. 
Access to parks, trails, plazas, courtyards, seating areas, and benches must be readily apparent to passerby. Areas for civic space may not be gated.
2. 
Circulation within the area for civic space must follow the probable desire lines of its users, connecting pedestrians to rights-of-way that abut the open space, trails, entrances to adjacent buildings, and any design features, such as seating areas.
3. 
Permanent outdoor public art installation is encouraged with sufficient area set aside for public viewing.
4. 
Areas for civic space must be organized around one or more central markers to establish orientation and identity.
5. 
The surface area of civic space cannot exceed 18 inches above or below the adjacent sidewalk level.
6. 
When public civic space includes public green space, the area must be substantially covered with grass, live groundcover, shrubs, plants, and trees. Points of visual interest, such as seating areas and fountains, must be integrated into the green space design.
7. 
Public civic space may be located within the public right-of-way with approval of the Department of Public Works prior to Planning Board review and approval.
8. 
Subject to site plan review and approval by the Planning Board, public civic space may be located off the subject site but within the same block, and combined with other existing public civic space located on that block. The Planning Board must find that combining the required public civic space with existing space creates a more usable area for the public. No reduction in the amount of area required is allowed.
9. 
All public civic spaces that are accessed by and open to the public must be compliant with the Americans with Disabilities Act (ADA) guidelines for accessibility to persons with disabilities.
E. 
Maintenance and access of public civic space. For public civic space on private property, a maintenance and access agreement must be approved between the developer and the City as to the perpetual maintenance and access of public civic space, unless such area is donated to the City.
A. 
Intent and purpose.
1. 
Intent.
a. 
To increase night sky visibility, to improve nighttime vision and the color rendition of outdoor light and to reduce the adverse effects of outdoor lighting on humans and the natural world.
b. 
To conserve energy and resources to the greatest extent possible.
2. 
Purpose.
a. 
To curtail all forms of terrestrial light pollution, reduce sky glow and enhance the experience of the night sky for human enjoyment and inspiration.
b. 
To reduce light pollution and glare from outdoor lighting fixtures and reduce excessive light levels as existing fixtures are replaced over time.
c. 
To permit the use of outdoor lighting that does not exceed the minimum levels specified by recommended practices of the Illuminating Engineering Society (IES) for nighttime safety, utility, security, productivity, enjoyment, and commerce.
d. 
To minimize the undesirable impacts of outdoor lighting such as light trespass, obtrusive light spillover, disabling glare and veiling luminance.
e. 
To protect natural nocturnal ecosystems from the interference and damage caused by artificial lighting.
f. 
To ensure that the visual aesthetics and the quality of life throughout the City of Saratoga Springs are not degraded by lighting at night and that rural character of its greenbelt is preserved and maintained after sunset.
g. 
To ensure the conservation of energy and resources to the greatest extent possible.
B. 
Lighting plan required. A lighting plan is required as part of site plan review (§ 240-13.5). Single-family and two-family dwellings are exempt from a lighting plan but are subject to applicable lighting requirements.
C. 
Lighting standards. As of the effective date of this chapter, April 4, 2022, all new lighting installed must meet the following:
1. 
For nonresidential, mixed-use, multi-family, and townhouse developments the maximum allowable footcandle at any lot line is one footcandle.
2. 
All lighting sources, except for outdoor recreation fields, must have a correlated color temperature (CCT) at or below 3,000° K.
3. 
Energy efficient lighting is required. Energy efficient lighting must be certified as efficient by one of the following: ENERGY STAR, Design Lights Consortium, Consortium for Energy Efficiency, or Federal Trade Commission's Lighting Facts certification. As part of site plan review approval, additional certifying organizations or manufacturers of energy efficient lighting can be considered.
4. 
All luminaires must be full-cutoff to emit no light above horizontal (90° above nadir), with the following exceptions:
a. 
Up to two partly shielded or unshielded luminaires at any principal entrance.
b. 
Low voltage lighting that does not project onto adjacent properties.
c. 
Shielded, directional accent lighting or uplighting that is aimed at a structure, sign, or accent feature, such as landscape, and directed so that glare is not visible from adjacent properties.
d. 
Open flame gas lamps.
e. 
Security lighting installed with a motion vacancy sensor, which extinguishes the lights within 15 minutes after the area is vacated, semi-cutoff luminaire design.
5. 
The maximum total height of a freestanding luminaire is 20 feet in a nonresidential district, and 15 feet in a residential district.
6. 
All outdoor luminaires must be located, adequately shielded, and directed such that no direct light falls onto adjacent lots.
7. 
Flood or spot lamps must be aimed down no higher than 45° to the horizontal (halfway between straight down and straight to the side) when the source is visible from any adjacent residential property.
D. 
Exceptions to lighting standards.
1. 
All temporary emergency lighting required by public safety agencies, other emergency services, or construction are exempt from the requirements of this chapter.
2. 
Because of their unique requirements for nighttime visibility and limited hours of operation, approved outdoor recreational fields (public or private nonresidential) such as, but not limited to, football fields, soccer fields, baseball fields, softball fields, tennis courts, driving ranges, and other similar uses are exempt from the requirements of Subsection B above and subject to the following:
a. 
Recreational fields are permitted a total luminaire height of 65 feet in any district. Luminaires greater than 65 feet in total height may only be approved by special use permit.
b. 
All lighting must be directed onto the field.
c. 
The recreational field lighting must be extinguished one hour following the end of the event.
d. 
Lighting outside the recreational field, such as for parking areas, must comply with Subsection C above. Such lighting is not subject to the timeframe of Subsection D2c above to facilitate patrons leaving the facility, cleanup, nighttime maintenance, and other closing activities.
3. 
Holiday and seasonal lighting designs are exempt from the requirements of this chapter.
4. 
Certain temporary uses may use lighting that does not meet the requirements of this section. When such temporary uses are allowed, approval of the lighting plan is required as part of the temporary use permit and/or any other required permits.
5. 
In the event that these requirements conflict with NYS Uniform Code required lighting, NYS Uniform Code requirements shall control.
6. 
Luminaires used for public roadway or right-of-way illumination or installed by a utility to light public rights-of-way are not controlled by this chapter. Such lighting is subject to City standard details, which may include specific historic lighting requirements. The historic lighting overlay map is provided separately for reference.
E. 
Prohibited lighting.
1. 
Mercury vapor.
2. 
Flickering or flashing lights.
3. 
Searchlights, laser source lights, or any similar high intensity.
4. 
Neon or LED lighting to outline doors, windows, architectural features, and building facades.
5. 
Any light fixture that can be confused with or construed as a traffic control device.
6. 
Metal halide, except as approved by the City Engineer and only when the correlated color temperature (CCT) is less than 3,000°K and when the arc tube of the lamp is enclosed with a protective acrylic or tempered glass shroud.
[Amended 10-3-2023 by L.L. No. 4-2023; 4-15-2025 by L.L. No. 6-2025]
A. 
General regulations for accessory structures. All accessory structures are subject to the following regulations, unless otherwise permitted or restricted by specific regulations of this section and chapter:
1. 
A building permit may be required for the construction of an accessory structure per City Code Chapter 118.
2. 
Only those accessory structures permitted by this section and § 240-9.6 are permitted in required setbacks. Certain accessory structures may also be prohibited in certain yards.
a. 
The use of the term "yard" refers to the area between the applicable building facade line and lot line. The distinction is made because certain principal buildings may not be built at required setback lines, thereby creating a yard larger than the minimum setback dimension.
b. 
When an accessory structure is allowed within a required setback, it is also allowed within the corresponding yard, but may be subject to additional limitations.
c. 
Where there is no principal building on the lot, no new accessory structure is permitted unless authorized by the Zoning Officer.
3. 
The maximum height of any detached accessory structure is 65% of the height of the principal building or 22 feet, whichever is greater, unless otherwise permitted or restricted by this chapter. These height limitations do not apply to any structure accessory to an active agricultural use, an extraction of stone, sand, and gravel use, or to horse stables and barns, which are not limited in height.
4. 
Detached accessory structures must be set back a minimum of five feet from any lot line in all districts except the RR and SR Districts, unless otherwise permitted or restricted by this chapter. In the RR and SR Districts, detached accessory structures must be set back as follows:
a. 
In the RR District, no detached accessory structures are permitted in the required front, interior side, and corner side setbacks. Detached accessory structures must be set back a minimum of 50 feet from a rear lot line in the rear setback.
b. 
In the SR District, no detached accessory structures are permitted in a required setback.
5. 
Accessory structures are included in the calculation of all maximum impervious surface and building coverage requirements of the district.
6. 
The footprint of any single detached accessory structure cannot exceed the footprint of the principal building. This does not apply to any accessory to an active agricultural use, an extraction of stone, sand, and gravel use, or to horse stables and barns, which are not limited in area.
7. 
An accessory structure located on the same zoning lot as the principal structure may contain finished space, but may not contain cooking facilities, sleeping space, or indoor bathing facilities (bathtub or shower). Plumbing fixtures are only permitted on the first floor level or below. This does not apply to an approved secondary dwelling unit or historic carriage house/barn dwelling use that has been approved per Article 8, in which case those standards control.
8. 
Newly defined accessory structures, as of the effective date of this chapter, built without a permit, are subject to the standards of § 240-19.3G.
B. 
Amateur (ham) radio equipment.
1. 
Towers that solely support amateur (ham) radio equipment and conform to all applicable performance criteria are permitted in the rear yard only, and must be located 10 feet from any lot line. Towers are limited to the maximum building height of the applicable district plus an additional five feet, unless a taller tower is technically necessary to engage successfully in amateur radio communications and a special use approval is obtained.
2. 
Antennas may be building-mounted and are limited to a maximum height of five feet above the structure, unless a taller antenna is technically necessary to engage successfully in amateur radio communications and special use approval is obtained.
3. 
An antenna or tower that is proposed to exceed the height limitations is a special use. The operator must provide evidence that a taller tower and/or antenna is technically necessary to engage successfully in amateur radio communications. In addition, the applicant must provide evidence that the tower and/or antenna will not prove a hazard and that it conforms to all applicable performance criteria. As part of the application, the applicant must submit a plan showing the proposed location of the tower or antenna, as well as its relation to the principal building and accessory structures.
4. 
Any antennas and/or towers owned and operated by the City are exempt from these requirements.
C. 
Aquaculture/aquaponics.
1. 
Aquaculture/aquaponics facilities are permitted in the rear yard only and must be located a minimum of 10 feet from any lot line.
2. 
All aquaculture/aquaponics operations must be located within fully or partially enclosed structures designed for holding and rearing fish, and contain adequate space and shade.
D. 
Carport.
1. 
Carports must be located over a paved surface and accessed by a driveway.
2. 
A carport is permitted only in the interior side, corner side, or rear yard.
3. 
Carports must meet the corner side setback, and must be located five feet from a lot line in the interior side or rear yard. No carport may be located in front of the front building line.
4. 
The total length of a carport is limited to 22 feet.
5. 
A carport must be open on at least two sides except for the necessary supporting columns and customary architectural features.
6. 
A carport must be constructed as a permanent structure. Temporary tent structures are not considered carports.
E. 
Chicken coops.
1. 
Chicken coops are permitted only in the rear yard and must meet all district setback requirements.
2. 
A chicken coop is limited to a maximum of 120 square feet. A minimum of five square feet must be provided per chicken.
3. 
A chicken coop must include a fenced outdoor enclosure.
4. 
The chicken coop and fenced enclosure must be kept in good repair, maintained in a clean and sanitary condition, and free of vermin and obnoxious smells and substances. The coop must provide adequate light and ventilation.
5. 
Any manure must be composted in enclosed bins.
F. 
Coldframe structures.
1. 
Coldframe structures up to three feet in height are permitted in all yards.
2. 
Coldframe structures over three feet in height and up to a maximum of six feet are permitted in the rear yard only.
3. 
Each coldframe structure is limited to a maximum square footage of 80 square feet.
4. 
Coldframe structures must meet the setback requirements of § 240-9.5A4.
5. 
When part of a community garden, each coldframe structure is permitted a maximum square footage of 160 square feet and six feet in height, and must meet all required setbacks.
G. 
Dock (private).
1. 
Private docks may not be used to generate income or in exchange for any other form of compensation.
2. 
Private docks may include covered boat storage, subject to the general height limitations for accessory structures in § 240-9.5A.
3. 
Private docks and/or covered boat storage may not contain finished space or habitable space.
4. 
Private docks are permitted to encroach into the required rear yard setback and are not subject to the general setback requirements for accessory structures at the rear property line.
5. 
Private docks are subject to all applicable regulations of the NYS Department of Environmental Conservation and/or the US Army Corps of Engineers.
H. 
Donation boxes.
1. 
Donation boxes are permitted for nonresidential uses in nonresidential districts only.
2. 
Only one donation box is permitted per lot. Donation boxes are only permitted on a site where there is a principal building.
3. 
Donation boxes can only be located to the side or rear of the principal building. In no case may a donation box be located in a front yard. No donation box may be located within a required parking space.
4. 
Donation boxes must meet the setback requirements of § 240-9.5A4.
5. 
The area surrounding the donation box must be kept free of any junk, debris, or other material.
6. 
Donation boxes must be maintained in good condition and appearance with no structural damage, holes, or visible rust, and must be free of graffiti.
7. 
Donation boxes must be locked or otherwise secured.
8. 
Donation boxes must contain the following contact information on the front of each donation box: the name, address, email, and phone number of the operator.
I. 
Electric vehicle charging station.
1. 
Electric vehicle charging stations must comply with the standards of the New York State Energy Research and Development Authority's manual, "Siting and Design Guidelines for Electric Vehicle Supply Equipment."
2. 
Electric vehicle charging stations are permitted as an accessory use within any principal or ancillary parking facility, or gas station, located within the area of designated vehicle parking spaces.
3. 
If visible from public right-of-way in the Historic Review Overlay District, charging stations are subject to review by the Design Review Board.
4. 
Commercial electric vehicle charging stations must be either Level 2 charging stations or Level 3 fast charging stations, or the equivalent if standard industry categorizations change.
5. 
Private charging stations are permitted as an accessory use to all residential uses to serve the occupants of the dwelling(s) located on that property. Residential charging stations must provide a dedicated circuit in close proximity to vehicle parking.
6. 
Public electric vehicle charging station spaces must be posted and painted with a sign indicating the space is only for electric vehicle charging purposes. Days and hour of operations must be included if tow away provisions are to be enforced by the owner of the property. Information identifying voltage and amperage levels and/or safety information must be posted.
7. 
Charging station equipment must be maintained in good condition and all equipment must be functional. Charging stations no longer in functional use must be removed within 30 days of discontinuance.
J. 
Fences and walls.
1. 
General requirements.
a. 
When additional fence and wall requirements are found in the use standards of Article 8 or the landscape standards of Article 11, such requirements control.
b. 
The following materials are prohibited in the construction of fences and walls:
(i) 
Scrap metal.
(ii) 
Corrugated metal.
(iii) 
Sheet metal.
(iv) 
Spiked posts, which means sharpened ends of fence posts that can cause physical damage to persons and animals.
(v) 
Razor wire and barbed wire.
(vi) 
Chicken wire, unless part of a small animal enclosure.
c. 
A fence or wall, including all posts, bases, and other structural parts, must be located completely within the boundaries of the lot on which it is located.
d. 
Fences and walls meeting the requirements of this section are permitted to encroach into the required setback.
e. 
Fences and walls are subject to the corner visibility provisions of § 240-9.1D.
2. 
Height. Fences and walls located within five feet of any lot line are measured from grade level on the adjacent property's side of the lot line. Fences or walls located further than five feet from the lot line are measured from the finished grade at the base of the side directed toward the abutting property or right-of-way. The maximum height of fences and walls, including combinations of both, is as follows:
a. 
In the residential and residential mixed-use districts, maximum fence and wall height is as follows:
(i) 
In the required front and corner side setbacks, a fence and/or wall is permitted up to a maximum height of four feet.
(ii) 
Fences or walls are limited to a maximum height of six feet.
b. 
In nonresidential districts, a maximum height of eight feet is permitted within any nonresidential district, or along any boundary between a residential and nonresidential district.
c. 
Light fixtures, post tops, finials and other ornamentation above the mass of the wall or fence must not exceed 1/3 of the permitted height of the fence or wall. Such ornamentation may be placed at intervals no less than eight feet on average.
3. 
Exceptions for agricultural use. Notwithstanding the above, any lot in active agricultural use is subject to the following fence height restrictions:
a. 
In the required front and corner side setbacks, a fence is permitted up to a maximum height of five feet.
b. 
In all other areas, a fence is permitted up to a maximum height of eight feet.
c. 
Barbed wire and chicken wire fences are permitted.
d. 
Corral fences are limited to a maximum height of five feet and are permitted in any setback where animals are contained. Wire is allowed on the inside of such fences.
4. 
Orientation. Fences and walls must have the finished face of the wall or fence directed toward the abutting property or right-of-way.
5. 
Maintenance. The property owner on whose land the fence or wall is located is responsible for the maintenance of both sides of the fence or wall. If the property owner is denied access to the abutting property, the property owner is relieved of the maintenance obligation.
240 FENCES AND WALLS LOCATION AND HEIGHT.tif
K. 
Garage, detached.
1. 
Detached garages are permitted in the rear and interior side yards. Detached garages are prohibited in the front setback.
2. 
Detached garages must be set back a minimum of 20 feet from the lot line where access to the garage is taken with the following exceptions:
a. 
Where access to the garage is taken from an alley, the general regulations for accessory structures in § 240-9.5A control.
3. 
Detached garages are permitted in the corner side yard, subject to the following:
a. 
Where the garage is located in the corner side yard and takes access from the abutting street, the garage must be set back 20 feet from the corner side lot line.
b. 
Where the garage is located in the corner side yard but does not take access from the abutting street, the garage must be set back four feet from the corner side lot line and must be set back a minimum of 20 feet from the lot line where access to the garage is taken.
4. 
Detached garages are encouraged to match the pitch of the roof of the principal dwelling.
240 DETACHED GARAGE.tif
L. 
Generic legal item exchange box.
1. 
Generic legal item exchange boxes are permitted in front or corner side yard only and must be located a minimum of one foot from any lot line, measured from the base of the exchange box.
2. 
No exchange box may be located so that it impedes pedestrian access or circulation, obstructs parking areas, or creates an unsafe condition. Boxes cannot be located within the required site visibility standards.
3. 
Generic legal item exchange boxes are prohibited in the public right-of-way.
4. 
Each exchange box must be designed and constructed in such a manner that its contents are protected from the elements. All items must be fully contained within a weatherproof enclosure that is integral with the structure that comprises the exchange box.
5. 
Generic legal item exchange boxes are limited to a maximum height of five feet to the highest point of the structure, and a maximum width and depth of three feet.
6. 
Foundations comprised of masonry pavers or other similar moveable materials are permitted.
7. 
No more than one generic legal item exchange box is permitted per lot.
8. 
No fees, sales, or other compensation is permitted as part of the generic legal item exchange box.
M. 
Home occupations.
1. 
Home occupations are permitted in a dwelling unit as an accessory use provided that this use is clearly incidental and secondary to the primary use of the dwelling for residential purposes and does not change the character of the dwelling unit or adversely affect the surrounding residential district of which it is a part.
2. 
The home occupation must be conducted entirely within the principal building and is limited to 15% of the gross floor area of the principal building. Home occupations cannot be conducted within a detached accessory structure.
3. 
The property owner must obtain a building permit and/or certificate of occupancy, as required by the Building Department, to establish a home occupation.
4. 
A member or members of the immediate family occupying the dwelling and no more than one person who is not a resident member of the immediate family may be in the home at any given time to work in connection with the home occupation.
5. 
No alteration of the principal building may be made that changes the residential character of that dwelling. Displays or activities that indicate from the exterior that the structure is being used, in part, for any purpose other than that of a residence are prohibited.
6. 
The home occupation cannot generate more than 10 visits to the property per day. Visits are limited to the hours of 8:00 a.m. and 9:00 p.m.
7. 
No commodities can be sold or services rendered that require receipt or delivery of merchandise, goods, or equipment other than by a passenger motor vehicle or by parcel or letter carrier mail services using vehicles typically employed in residential deliveries.
8. 
The home occupation and all related activity, including storage, equipment, and display, must be conducted completely within the principal building.
9. 
No toxic, explosive, flammable, combustible, corrosive, etiologic, radioactive, or other restricted materials may be used or stored on-site. There must be no perceptible noise, odor, smoke, electrical interference, vibration, or other nuisance emanating from the structure where the home occupation is located in excess of that normally associated with residential use.
10. 
The use or storage of tractor trailers, semi-trucks, or heavy equipment, such as construction equipment used in a commercial business, is prohibited.
11. 
The home occupation cannot create greater vehicular or pedestrian traffic than is average for a residential area. The home occupation and any related activity must not create any traffic hazards or nuisances in public rights-of-way. Any need for additional parking generated by the home occupation must be met on-site.
12. 
Only one non-illuminated wall sign no more than 1.5 square feet in area is permitted in association with the home occupation.
13. 
Day care homes of any type are not considered a home occupation and are regulated separately by this chapter as a principal use in Article 8.
14. 
Repair and service of any vehicles, any type of heavy machinery or any type of engine is prohibited. Small electronic repair, such as computers, is allowed.
15. 
Rental services, where any materials for rent are stored on-site and customers visit the residence to pick-up and return the product, are prohibited.
16. 
Dispatching services, where workers report to the home for dispatching, are prohibited.
17. 
The business of firearm transfers is prohibited.
N. 
Horse stables (private).
1. 
Private horse stables are permitted in the residential districts and in the INST-HTR District. In the residential districts, 20,000 square feet of lot area is required for each horse.
2. 
The occupant of the lot must be the owner of such horses. A maximum of two visiting horses is permitted upon a lot at any one time and for a maximum stay of 30 days. If a visiting horse remains on such lot after sunset, a loafing shed or other shelter must be provided for such visiting horse.
3. 
Horse stables, horse barns, and structures accessory to the keeping of horses are limited to following lot coverages. In no case may the total coverage of all horse-related structures, other accessory structures, and principal buildings violate the district's lot coverage maximum.
a. 
RR District: 5%.
b. 
SR District: 8%.
c. 
Other residential districts: 10%.
d. 
INST-HTR District: 8%.
4. 
Horse stables must meet the following:
a. 
An inside stall is provided for each horse.
b. 
Box stalls are available for all horses stabled.
c. 
All stalls must have feeders and water available.
5. 
The following are prohibited as part of private horse stables:
a. 
Horse auctions.
b. 
Horse breeding.
c. 
Horse clinics.
d. 
Horse demonstrations and exhibitions (horse shows).
e. 
Boarding horses.
6. 
Manure may only be stored in appropriate containers. The containers must be located 100 feet from any lot line. Spreading of manure is prohibited.
7. 
Grain and other feeds must be stored in such a manner as to minimize the presence of mice, rats, and other vermin.
O. 
Mechanical equipment. Mechanical equipment includes heating, ventilation, and air conditioning (HVAC) equipment, electrical generators, power storage, pool pumps, and similar equipment.
1. 
Ground-mounted equipment.
a. 
Mechanical equipment is permitted in the interior side or rear yard only. Mechanical equipment must meet the setback requirements of § 240-9.5A4.
b. 
For multi-family and nonresidential uses, ground-mounted mechanical equipment must be screened from public view by a decorative wall, solid fence, or year-round landscaping that is compatible with the architecture and landscaping of a development site. The wall, fence, or plantings must be of a height equal to or greater than the height of the mechanical equipment being screened.
2. 
Roof-mounted equipment.
a. 
For structures 40 feet or more in height, all roof equipment must be set back from the edge of the roof a minimum distance of two feet for every one foot of equipment height.
b. 
For structures less than 40 feet in height and for any building where roof equipment cannot meet the setback requirement of Subsection O2a above, there must be either a parapet wall to screen the equipment or the equipment must be housed in solid building material that is architecturally integrated with the structure.
3. 
Wall-mounted equipment.
a. 
Wall-mounted mechanical equipment is not permitted on the front or corner side facade of the building. Wall-mounted equipment can encroach into the rear and interior side setbacks a maximum of 12 inches.
b. 
For multi-family and nonresidential uses, wall-mounted mechanical equipment that protrudes more than 12 inches from the outer building wall must be screened from view by structural features that are compatible with the architecture of the subject building.
c. 
Wall-mounted mechanical equipment that protrudes less than 12 inches must be designed to blend with the primary color and architectural design of the subject building.
d. 
These requirements do not apply to window air conditioning units or satellite dishes, which are regulated separately.
P. 
Mural. Murals are limited to an area of 50% of a building wall.
Q. 
Outdoor sales and display (accessory).
1. 
The regulations of this section apply only to outdoor sales and display located entirely on the lot and accessory to the principal use of the site. Outdoor sales and display located on the right-of-way is regulated separately by the City Code.
2. 
Retail goods establishments and heavy equipment sales, service, and storage establishments in the nonresidential districts are permitted to have accessory outdoor sales and display of merchandise. Such merchandise must be that customarily sold on the premises.
3. 
All outdoor display of merchandise must be located adjacent to the storefront and not in drive aisles, loading zones, or fire lanes. It may be located in a parking lot so long as the minimum number of required parking spaces remain unobstructed.
4. 
No display may be placed within five feet of either side of an active door, or within 20 feet directly in front of an active door.
5. 
A minimum clear width for pedestrian traffic of eight feet is provided and maintained along any private sidewalk located within the lot.
R. 
Outdoor storage (accessory).
1. 
The regulations of this section apply only to outdoor storage located entirely on the lot and accessory to the principal use of the site. Outdoor storage as a principal use of the site is regulated in Article 8.
2. 
The following uses are permitted outdoor storage: greenhouse/nursery - retail, including the growing of plants in the open, marinas, heavy equipment sales, service, and storage, and service establishments, vehicle dealerships, vehicle rentals, vehicle operations facility, vehicle repair/service, light industrial, general industrial, and extraction of stone, sand, and gravel. The Zoning Officer can also render an interpretation that a use not listed here would typically have outdoor storage, and allow such use to include outdoor storage on the site. These uses are permitted accessory outdoor storage in accordance with the following provisions:
a. 
No outdoor storage is permitted in any public right-of-way or located so that it obstructs pedestrian or vehicular traffic.
b. 
Outdoor storage is prohibited in a required interior side or corner side setback. Outdoor storage is prohibited in the front yard.
c. 
Outdoor storage may be located in a parking lot so long as the minimum number of required parking spaces remain unobstructed.
S. 
Personal work/recreation space.
1. 
A detached accessory structure may be used as a personal work or recreation space for an occupant of the dwelling. Only a member or members of the immediate family occupying the dwelling may use such space.
2. 
Client and/or customer visits are prohibited. No commodities can be sold or services rendered to the public or clients from the personal work space.
3. 
A full bath, cooking facilities, and sleeping accommodations are prohibited.
4. 
All activity, including storage, and equipment, must be conducted completely within the structure.
5. 
The activity cannot require receipt or delivery of merchandise, goods, or equipment other than by a passenger motor vehicle or by parcel or letter carrier mail services using vehicles typically employed in residential deliveries.
6. 
Activities conducted inside a personal work or recreation space cannot create greater vehicular or pedestrian traffic than is average for a residential area. The activity must not create any traffic hazards or nuisances in public rights-of-way.
7. 
No toxic, explosive, flammable, combustible, corrosive, etiologic, radioactive, or other restricted materials may be used or stored on-site. There must be no perceptible noise, odor, smoke, electrical interference, vibration, or other nuisance emanating from the structure where the activity is located in excess of that normally associated with residential use.
T. 
Refuse and recycling containers. These provisions do not apply to standard personal refuse and recycling bins, approximately 96 gallons or less in size.
1. 
Refuse and recycling containers are prohibited in the front or corner side yard. No dumpsters may be located on any right-of-way, including alleys.
2. 
Enclosures are required as follows:
a. 
All refuse and recycling containers must be fully enclosed on three sides by a solid fence, wall, or wall extension of the principal building a minimum of six feet and a maximum of eight feet in height. The wall or wall extension must be constructed as an integral part of the building's architectural design.
b. 
The enclosure must be gated. Such gate must be solid and a minimum of six feet and a maximum of eight feet in height. This requirement does not apply to refuse containers located adjacent to an improved alley.
c. 
The gate must be maintained in good working order and must remain locked except when refuse/recycling pick-ups occur. The gate must be architecturally compatible with other buildings and structures on the site.
d. 
Refuse and recycling containers must remain in the enclosure with the gate closed and/or locked.
U. 
Satellite dish antennas.
1. 
General requirements.
a. 
Satellite dish antennas must be permanently installed on a building, in the ground, or on a foundation, and cannot be mounted on a portable or movable structure.
b. 
Subject to operational requirements, the dish color must be of a neutral color, such as white or grey. No additional signs or advertising is permitted on the satellite dish itself, aside from the logos of the satellite dish service provider and/or dish manufacturer.
c. 
Antennas no longer in use must be immediately removed.
d. 
Every effort must be made to install satellite dish antennas in locations that are not readily visible from neighboring properties or from the public right-of-way.
2. 
Additional standards for large satellite dish antennas. Large satellite dish antennas, which are greater than one meter (3.28 feet) in diameter, are subject to the general requirements above as well as the following requirements:
a. 
Large satellite dish antenna are permitted only in the rear yard, and must be set back a distance from all lot lines that is at least equal to the height of the dish, but in no case less than five feet from any lot line.
b. 
Roof-mounting is permitted only if the satellite dish antenna is entirely screened from public view along the right-of-way by an architectural feature.
c. 
A large satellite dish antenna must be located and screened so that it cannot be readily seen from public rights-of-way or adjacent properties. Screening includes solid fences or walls or plant materials located to conceal the antenna and its support structure. Plants must be a minimum of five feet tall at the time of installation.
V. 
Short Term Rental - Residential (STR).
1. 
A Short Term Rental - Residential (STR) is a transient ancillary use in a lawful dwelling unit where an owner provides lodging for less than 30 days at a time for a fee. The two types of STR are as follows:
a. 
Primary Residence STR: A residential dwelling offered for lease for less than 30 consecutive days which is normally occupied by the owner of the property on a permanent basis, and where the owner typically resides for the majority of the year. An owner may only have one primary residence.
b. 
Non-Primary Residence STR: A residential dwelling unit offered for lease for Less than 30 consecutive days which is not occupied by the owner of the property on a permanent basis.
2. 
In addition to the requirements of City Code Chapter 136A and any other applicable regulations, Short Term Rentals are subject to the following:
a. 
A Short Term Rental is a permitted accessory use in the following districts:
(i) 
Residential Districts - RR, SR, UR-1, UR-2, UR-3 and UR-4.
(ii) 
Residential Mixed Use Districts - NCU, AC, and UN.
(iii) 
Commercial Mixed Use Districts - NC and UC.
(iv) 
Commercial Districts - OMB.
(v) 
Gateway Districts - GC-U, GC-R.
(vi) 
Institutional Districts - INST-ED, INST-HR.
b. 
Planned Unit Developments (PUDs): Where legislation adopting, enacting or modifying a Planned Unit Development allows residential dwelling units as a permitted use, short term rental of a residential dwelling unit is a permitted accessory use, subject to the standards, conditions, and restrictions of this Article.
(i) 
PUD legislation which specifically addresses short term rental or transient rental of residential dwelling units shall control over the provisions of this Article, whether more or less restrictive.
(ii) 
Easements, Declarations, Covenants and Restrictions, Homeowners' Association Rules and Regulations, Condominium Owners Association Regulations, Offering Plans, Cooperative Agreements, or other Real Estate Regulations which are more restrictive than the provisions of this subsection shall control.
c. 
Short Term Rentals are permitted in a residential dwelling unit as an accessory use provided that this use is clearly incidental and secondary to the primary use of the dwelling unit for non-transient residential purposes.
d. 
A Primary Residence STR shall not be leased as a short term rental for more than the number of cumulative days per each calendar year that is indicated on the owner's license issued under City Code Chapter 136A, and in no event shall it be so leased for more than 150 cumulative days per each calendar year.
e. 
A non-Primary Residence STR shall not be leased as a short term rental for more than the number of cumulative days per each calendar year that is indicated on the owner's license issued under City Code Chapter 136A, and in no event shall it be so leased for more than 150 cumulative days per each calendar year.
f. 
No alteration of the principal building shall be made that changes the residential character of the dwelling. Displays or activities that indicate from the exterior that the structure is being used, in part, for any purpose other than that of a residence are prohibited.
g. 
The short term rental shall not create greater vehicular or pedestrian traffic than the customary use of the dwelling unit. The short term rental and any related activity must not create ant traffic hazards or nuisances in public rights-of-way.
h. 
No signs are permitted for short-term rental units except as per Article 12.6.
i. 
Maximum off-street parking for a short-term rental unit shall be either one parking space per each guest bedroom, or the number of existing, improved parking spaces on the property, whichever is greater.
V(II). 
Solar energy system - Tier 1 and Tier 2. The following standards apply to Tier 1 and Tier 2 solar energy systems, which are accessory structures. Tier 3 solar energy systems are a principal use and the permissions and standards of Article 8 apply. Tier 3 solar energy systems are defined in Article 8.
1. 
Tier 1 Solar energy systems. Tier 1 solar energy systems are permitted in all districts and are subject to the following conditions:
a. 
Roof-mounted solar energy systems.
(i) 
Roof-mounted solar energy systems must incorporate, when feasible, the following design requirements:
(1) 
Solar panels on pitched roofs must be mounted with a maximum distance of eight inches between the roof surface the highest edge of the system.
(2) 
Solar panels on pitched roofs must be installed parallel to the roof surface on which they are mounted or attached.
(3) 
Solar panels on pitched roofs cannot extend higher than the highest point of the roof surface on which they are mounted or attached.
(4) 
Solar panels on flat roofs cannot extend above the top of the surrounding parapet, or more than 24 inches above the flat surface of the roof, whichever is higher.
(ii) 
All solar panels must have anti-reflective coating(s).
(iii) 
Roof-mounted solar energy systems are not included as part of the maximum height calculation.
b. 
Building-integrated solar energy systems. Building-integrated solar energy systems are permitted as a Tier 1 solar energy system.
2. 
Tier 2 Solar Energy Systems. Tier 2 solar energy systems are permitted in all districts and are subject to the following conditions:
a. 
All solar panels must have anti-reflective coating(s).
b. 
Tier 2 solar energy systems are subject to the general setback regulations for accessory structures. Ground-mounted solar energy systems must be installed only in the rear and interior side yards.
c. 
Tier 2 solar energy systems are limited to a maximum of 14 feet in height.
d. 
Tier 2 solar energy systems that have been abandoned and/or not producing electricity for a period of 12 months must be removed by the property owner at the property owner's expense.
240 SOLAR ENERGY SYSTEM.tif
W. 
Swimming pools. In addition to the requirements of City Code Chapter 209 and other applicable regulations, swimming pools are subject to the following standards. Swimming pools are included in impervious surface and accessory coverage calculations and subject to all district maximums on impervious surface.
1. 
Residential swimming pools.
a. 
Residential swimming pools may be installed only as accessory to a residence for the exclusive use of the owners or occupants of such residence and their guests.
b. 
A swimming pool is permitted only in the rear or interior side yard.
c. 
No pool wall or related structure may be located within eight feet of an adjoining lot line. There is no required separation distance from the swimming pool to the principal structure.
2. 
Commercial or club swimming pools.
a. 
Club swimming pools are permitted as an accessory structure to a permitted membership club.
b. 
Commercial or club pools must be located 10 feet from any lot line.
3. 
Enclosure.
a. 
All pools must be completely surrounded by an enclosure preventing unimpeded access.
b. 
A residence or accessory structure may be used as part of such enclosure.
c. 
Fencing must be between four and six feet in height with support posts at no less than eight foot intervals. Wire mesh fencing cannot have openings, holes, or gaps larger than two inches in diameter.
d. 
An unobstructed maintenance area, at least three feet in width, must be maintained between the side walls of the pool and surrounding fence or structure.
e. 
Above-ground pools with solid walls preventing entrance to the pool, except by an entrance ladder, do not require additional fencing if it meets the Uniform Code requirements for a pool barrier.
4. 
Lighting restrictions. No lighting, operated in connection with a pool, may illuminate beyond the property lines.
X. 
Wind turbines.
1. 
Wind turbines may be designed as either vertical or horizontal axis turbines, or designs that combine elements of the different types of turbines.
2. 
Wind turbines are subject to the following height restrictions:
a. 
The maximum height of any ground-mounted wind turbine is the maximum height allowed in the district or 35 feet, whichever is less. A taller height may be allowed by special use.
b. 
The maximum height of any wind turbine mounted upon a structure is 15 feet above the height of such structure. A taller height may be allowed by special use.
c. 
Maximum height is the total height of the turbine system as measured from the base of the tower to the top. For horizontal axis turbines, the maximum vertical height of the turbine blades is measured as the length of a prop at maximum vertical rotation.
d. 
No portion of exposed turbine blades may be within 20 feet of the ground. Unexposed turbine blades may be within 10 feet of the ground.
3. 
Ground-mounted wind turbines are permitted only in the rear yard. The tower must be set back from all lot lines equal to the height of the system. No principal buildings may be located within this area.
4. 
All wind turbines must be equipped with manual (electronic or mechanical) and automatic over speed controls to limit the blade rotation speed to within the design limits of the wind energy system.
240 WIND TURBINE - ROOF-MOUNTED.tif
[Amended 10-3-2023 by L.L. No. 4-2023]
An encroachment is the extension or placement of an architectural feature or accessory structure into a required setback. Permitted encroachments are indicated in Table 9-B: Permitted Encroachments Into Required Setbacks.
A. 
Section 240-9.5 above contains regulations on additional accessory structures and architectural features, which may include additional permissions or restrictions on their permitted encroachment into required setbacks. Table 9-B contains a reference to the above standards.
B. 
When Table 9-B allows an encroachment into a required setback, the encroachment must still be set back from a lot line as required by § 240-9.5A for an accessory structure, unless the table specifically permits a closer encroachment or requires a greater setback from a lot line.
C. 
When an accessory structure or architectural feature regulated by Table 9-B is allowed within a required setback, it is also allowed within the corresponding yard. When an accessory structure or architectural feature regulated by Table 9-B is prohibited from encroaching in a required setback, it may be allowed within the corresponding yard, unless specifically prohibited by the table.
D. 
A building permit may be required for the construction of an accessory structure per City Code Chapter 118.
Table 9-B: Permitted Encroachments Into Required Setbacks
Y = Permitted // N = Prohibited
Max. = Maximum // Min. = Minimum
Front Setback
Corner Side Setback
Interior Side Setback
Rear Setback
Accessibility Ramp (Retrofit)
Min. 3' from lot line
Y
Y
N
Y
Air Conditioner Window Unit
Max. projection of 18" from building wall
Y
Y
Y
Y
Amateur (ham) Radio Equipment
See § 240-9.5
Aquaculture/Aquaponics
See § 240-9.5
Awning
Max. of 2' from building wall
Min. of 4' from lot line
Does not include awnings used as a sign (See Article 12)
Y
Y
Y
Y
Balcony
N
N
N
N
Bay Window
N
N
N
N
Canopy for Multi-Family Dwelling
Max. of 2' from building wall
Max. 15' width or no more than 3' extension on either doorway side, whichever is less
Does not include canopies used as a sign (See Article 12)
Location in the right-of-way is subject to approval by DPW
N
N
N
N
Canopy for Nonresidential Use
Max. of 2' from building wall
Max. 15' width or no more than 3' extension on either doorway side, whichever is less
Does not include canopies used as a sign (See Article 12)
Location in the right-of-way is subject to approval by DPW
N
N
N
N
Carport
See § 240-9.5
Chicken Coop
See § 240-9.5
Chimney
Max. of 18" into setback
Y
Y
Y
Y
Coldframe Structure
See § 240-9.5
Compost Pile
Min. 10' from a lot line
Prohibited in front yard
N
N
Y
Y
Docks (Private)
N
N
N
Y
Donation Box
See § 240-9.5
Eaves (Roof)
Max. of 18" into setback
Min. of 4' from any lot line
Y
Y
N
Y
Electric Vehicle Charging Station
See § 240-9.5
Escape Well
Max. of 4' into setback
Min. of 3' from any lot line
Y
Y
Y
Y
Exterior Stairwell
Max. of 4' into setback
Min. of 3' from any lot line
N
Y
Y
Y
Fences and Walls
See § 240-9.5
Fire Escape
Max. of 4' into setback
Min. of 3' from any lot line
N
Y
Y
Y
Garage, Detached
See § 240-9.5
Gazebo or Pergola - Front Yard
N
N
N
N
Gazebo or Pergola - Interior Side and Rear Yard
Max. of 5' setback
Y
Y
Y
Y
Greenhouse - Front and Corner Side Yard
N
N
N
N
Greenhouse - Rear and Interior Side Yard
Y
Y
Y
Y
Horse Stable (Private)
See § 240-9.5
Legal Item Exchange Box
See § 240-9.5
Mechanical Equipment
See § 240-9.5
Mural
See § 240-9.5
Outdoor Sales and Display (Accessory)
See § 240-9.5
Outdoor Storage (Accessory)
See § 240-9.5
Patio
N
N
N
Y
Personal Recreation Game Court
Min. 10' from a lot line
Prohibited in front and corner side yard
N
N
N
Y
Playground Equipment
Prohibited in front and corner side yard
(This does not apply to backstops and portable basketball nets, which are allowed in any yard)
N
N
N
Y
Porch - Unenclosed
(Enclosed porches are considered part of the principal structure)
N
N
N
N
Refuse and Recycling Containers
See § 240-9.5
Satellite Dish Antennas
See § 240-9.5
Shed
Prohibited in front yard
N
N
N
N
Sidewalk
No min. setback from lot lines
Y
Y
Y
Y
Sills, Belt Course, Cornices, and Ornamental Features
Max. of 18"' into setback
Y
Y
Y
Y
Solar Energy System - Tier 1 and Tier 2
See § 240-9.5
Stoop and Uncovered Front Steps
Max. of 4' into setback
Min. of 3' from interior side lot line
Y
Y
Y
Y
Swimming Pools
See § 240-9.5
Wind Turbines
See § 240-9.5